[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1100 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1100

To provide that certain photographic records relating to the treatment 
 of any individual engaged, captured, or detained after September 11, 
 2001, by the Armed Forces of the United States in operations outside 
the United States shall not be subject to disclosure under section 552 
of title 5, United States Code (commonly referred to as the Freedom of 
                           Information Act).


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 20, 2009

Mr. Lieberman (for himself, Mr. Graham, and Mr. McCain) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
To provide that certain photographic records relating to the treatment 
 of any individual engaged, captured, or detained after September 11, 
 2001, by the Armed Forces of the United States in operations outside 
the United States shall not be subject to disclosure under section 552 
of title 5, United States Code (commonly referred to as the Freedom of 
                           Information Act).

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Detainee Photographic Records 
Protection Act of 2009''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Covered record.--The term ``covered record'' means any 
        record--
                    (A) that is a photograph relating to the treatment 
                of individuals engaged, captured, or detained after 
                September 11, 2001, by the Armed Forces of the United 
                States in operations outside of the United States; and
                    (B) for which a certification by the Secretary of 
                Defense under section 3 is in effect.
            (2) Photograph.--The term ``photograph'' encompasses all 
        photographic images, whether originals or copies, including 
        still photographs, negatives, digital images, films, video 
        tapes, and motion pictures.

SEC. 3. CERTIFICATION.

    (a) In General.--For any photograph described under section 
2(1)(A), the Secretary of Defense shall submit a certification, in 
classified form to the extent appropriate, to the President, if the 
Secretary of Defense, in consultation with the Chairman of the Joint 
Chiefs of Staff, determines that the disclosure of that photograph 
would endanger--
            (1) citizens of the United States; or
            (2) members of the Armed Forces or employees of the United 
        States Government deployed outside the United States.
    (b) Certification Expiration.--A certification submitted under 
subsection (a) and a renewal of a certification submitted under 
subsection (c) shall expire 5 years after the date on which the 
certification or renewal, as the case may be, is submitted to the 
President.
    (c) Certification Renewal.--The Secretary of Defense may submit to 
the President--
            (1) a renewal of a certification in accordance with 
        subsection (a) at any time; and
            (2) more than 1 renewal of a certification.

SEC. 4. NONDISCLOSURE OF DETAINEE RECORDS.

    A covered record shall not be subject to--
            (1) disclosure under section 552 of title 5, United States 
        Code (commonly referred to as the Freedom of Information Act); 
        or
            (2) disclosure under any proceeding under that section.

SEC. 5. EFFECTIVE DATE.

    This Act shall take effect on the date of enactment of this Act and 
apply to any photograph created before, on, or after that date that is 
a covered record.
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